Who owns what in a marriage in Indonesia?

Property acquired during the marriage is joint by default

In Indonesia property acquired during the marriage is joint by default, and a prenuptial agreement, which can now also be made during the marriage, can change that.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Property acquired during the marriage is joint property. Property from before the marriage and gifts and inheritances stay personal.

When the marriage ends in divorce

The joint property is divided between the spouses, in principle equally, according to the personal-status rules that apply to them.

A marriage contract

A marriage agreement can be made before the marriage and, since a court ruling, during it. It must be made before a notary and registered.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

Indonesia limits the ownership of land by foreigners, so a marriage agreement matters for a foreign spouse.

Understand the legal system first

Indonesia belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Indonesia legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Indonesia? →

Official sources

Indonesian Ministry of Law

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.